The results of the autopsy of Juan Manuel Nunez III were released Tuesday stating his death was caused by "acute alcohol intoxication and concussive brain injury complicated by post traumatic apnea."
The results state Nunez' death was caused by a brain injury when he collapsed after being Tased, by Lubbock police officer Matt Dougherty, said Robert Byers of the Lubbock Medical Examiner's Office.
The Lubbock Medical Examiner's Office did rule the Taser shock as "contributory towards his death," Byers said.
His manner of death was classified as a homicide.
Lt. Roy Bassett of the Lubbock Police Department said the next step is an administration investigation.
"We want to make sure this was a justified homicide," Bassett said. "We believe it is; we just need to double and triple check."
After LPD finishes its investigation, police will hand it over to the District Attorney's Office for the third check, he said.
The autopsy results were found only after the Medical Examiner's Office had a chance to review all available information from available medical history, investigative information and the actual audio portion of the encounter between law enforcement and Nunez.
It began with one 911 hang-up call. Police responded to the call at 4402 Jarvis St. April 16.
When police arrived at the scene, they observed what was believed to be a domestic dispute between 26-year-old Nunez and his family. The police officer reportedly attempted to detain Nunez, but he refused and allegedly became violent, LPD officer Chris Powe said.
The officer shocked Nunez with his Taser and arrested him.
"After Nunez was in handcuffs, the officer realized Nunez appeared distorted and immediately called the EMS," Powe said. "Once he arrived at the UMC Emergency Room, he was pronounced dead."
Nunez' death has created concerns locally about the safety of Tasers.
Nationwide, people are asking whether shock guns are the reason of more than 150 deaths.
Police said Tasers have helped save many lives.
Taser International, the makers of the device, agrees with the police. However, across the nation, human rights groups such as Amnesty International said the weapons need more testing, so the increasing number of Taser-related deaths will go down.
Lubbock Police said Tasers has and will save lives.
Tom Mann of the Lubbock Police Department said police have a four-hour training session to learn how to use a Taser gun.
During police training, officers are taught how to activate and shoot the shock gun, Mann said.
When shooting the Taser gun, they practice on silhouette targets.
Mann said Lubbock police have been equipped with Tasers for five years and are trained to use the weapon only after negotiation fails, and the police officer is in danger.
"For example, if a suspect attempted to attack somebody with a knife or gun, this would be a time to use the Taser," Mann said. "The judgment is in the officer."
Mann said officers track the uses of the Taser weapon.
"If it is significant for a report, then the officer will log the Taser use into the report," Mann said.
Mann said he believes the officer did what was right in that situation.
"If he hadn't used it so early, the incident could have been escalated, quick," he said.
London-based Amnesty International, a human rights organization, is fighting for a change in the use of Tasers by police forces.
Jared Feuer, regional director of Amnesty International, said he believes police officers should have all the necessary tools to ensure the safety of the public. The question is, is the Taser weapon an appropriate tool?
Feuer said the company has put together two reports on the issue to try to put pressure on the government to make changes.
Since 2001, Amnesty International has been tracking Taser-related deaths, which is currently at 152.
In seven of those cases, medical examiners listed a Taser as the cause of death and classified it as a homicide, Feuer said.
In the 152 incidents where a death was the result, Amnesty International's report states 80 percent of these people were unarmed, Feuer said.
In some cases, the person who died had heart conditions or mental illnesses, or were under the influence of drugs, according to the report at the organization's Web site.
Feuer said the reason people are not getting the message about the dangers of Tasers is because all the information gathered for reports or studies is from Taser International.
"We need a fully independent study from a medical expert for accurate data," he said.
Until that research is completed, Feuer said he does not believe Tasers should be used by police forces.
"We are calling for a time out on the use of Tasers until there is a complete and individual study on the use and potential dangers of the weapon," Feuer said.
He said a number of police departments are doing just that, including the Department of Homeland Security. Two of its largest agencies, Immigration and Customs Enforcement, and Customs and Border Protection, do not use Tasers, he said.
The state of New Jersey prohibits any use of Tasers, whether by police or civilians.
Lubbock police said there will not be a suspension of Taser use.
According to the Taser International Web site, Tasers already have saved lives.
According to a report by Taser International, the company disagrees with the opposing organizations and the data they collected stating they are "emotional" and "one-sided."
In its own reports, Taser International counters the attacks by citing Tasers are a much safer alternative a pistol. The report states all Tasers have a built in computer system to monitor each separate use. This way of a citizen complains, the records will help prove if the Taser was misused.
According to the Web site, Taser International had an independent expert review panel review the study and added comments and recommendations.
A representative from Taser International was unable to be contacted.
Will the organization be forced to modify the weapons, or will police forces continue to equip officers with Tasers?
"That's the million dollar question." Feuer said. "This is just another instance where technology is ahead of policy."
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